Mumbai high court allows 14-year-old rape survivor to end 26-week pregnancy

24 weeks is the permissible limit to end a pregnancy, but the minor approached the Bombay high court after crossing the 24-week limit

MUMBAI: The Bombay high court on Thursday allowed a 14-year-old rape survivor to end her 26-week pregnency after a medical board said that she was allowed to undergo a Medical Termination of Pregnancy (MTP).

The court acknowledged the minor’s right to reproductive freedom, her autonomy over her body, her right to choice, and consulted a medical board. (Shutterstock)

A division bench of justices Revati Mohite Dere and Neela Gokhale let the minor terminate the advanced pregnancy after acknowledging her right to reproductive freedom, her autonomy over her body, her right to choice, and after consulting a medical board.

Under the MTP Act, 2021, 24 weeks is the permissible limit to end a pregnancy, but the minor approached the Bombay high court after crossing the 24-week limit and said that she was only 14 years old and was unable and unwilling to carry the pregnancy forward.

The court, on June 6, responded by ordering the civil surgeon, Alibag, to constitute a medical board to examine the minor’s physical and mental health and submit a report to the court.

The medical board said that since the girl was a minor the MTP could be allowed after treating her anemia. Additional government pleader MP Thakur asked the court to pass orders based on the medical board’s report.

Members of the medical court assessed her anemia and told the court on June 10 that her hemoglobin levels had risen sufficiently and she was fit to undergo the procedure.

Once doctors said that the MTP would not complicate the minor’s future pregnancies the court allowed her to undergo the procedure and end her pregnancy.